Tex. Codes » Labor Code · TITLE 5. WORKERS' COMPENSATION · SUBTITLE A. TEXAS WORKERS' COMPENSATION ACT · CHAPTER 410. ADJUDICATION OF DISPUTES
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Tex. Lab. Code § 410.202 (2026)

Request For Appeal; Response

✓ current as of May 2026
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Sec. 410.202. REQUEST FOR APPEAL; RESPONSE. (a) To appeal the decision of an administrative law judge, a party shall file a written request for appeal with the appeals panel not later than the 15th day after the date on which the decision of the administrative law judge is received from the division and shall on the same date serve a copy of the request for appeal on the other party.

(b) The respondent shall file a written response with the appeals panel not later than the 15th day after the date on which the copy of the request for appeal is served and shall on the same date serve a copy of the response on the appellant.

(c) A request for appeal or a response must clearly and concisely rebut or support the decision of the administrative law judge on each issue on which review is sought.

(d) Saturdays and Sundays and holidays listed in Section 662.003, Government Code, are not included in the computation of the time in which a request for an appeal under Subsection (a) or a response under Subsection (b) must be filed.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993. Amended by Acts 2001, 77th Leg., ch. 1456, Sec. 12.01, eff. June 17, 2001.

Amended by:

Acts 2017, 85th Leg., R.S., Ch. 839 (H.B. 2111), Sec. 13, eff. September 1, 2017.

Notes of Decisions
Cited in 36 cases (3 in the last 5 years), 1995–2025 · leading case: Frank v. Liberty Ins. Corp., 255 S.W.3d 314 (Tex. App. 2008).
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Frank v. Liberty Ins. Corp., 255 S.W.3d 314 (Tex. App. 2008). · cites it 16× “denied) (citing Tex. Lab.Code Ann. § 410.202). Statutory requirements that define, enlarge, or restrict the class of causes the court may decide or the relief the court may award are considered to be jurisdictional.”
Harris Cnty. Emergency Servs. Dist. 1 v. Miller, 122 S.W.3d 218 (Tex. App. 2003). · cites it 10× “(b) The respondent shall file a written response with the appeals panel not later than the 15th day after the date on which the copy of the request for appeal is served and shall on the same date serve a copy of the response on the appellant.”
Combined Specialty Ins. Co. v. Deese, 266 S.W.3d 653 (Tex. App. 2008). · cites it 4× “TEX. LAB.CODE ANN. § 410.202(a). Under the TWCC's version of the mailbox rule, a request for review of a hearing officer's decision will be presumed timely filed "if it is: (1) mailed on or before the 15th day after the date of receipt of the hearing officer's decision .”
Ackerson v. Clarendon Nat'l Ins. Co., 168 S.W.3d 273 (Tex. App. 2005). · cites it 3× “See Tex. Lab.Code Ann. § 410.202(a) (West 2004) (fifteen-day limit for filing timely request for review); 28 Tex.”
Lumbermens Mut. Cas. Co. v. Manasco, 971 S.W.2d 60 (Tex. 1998). · cites it 4× “TEX. LAB.CODE § 410.202. The appeals panel may affirm the hearing officer's decision, reverse and render a new decision, or reverse and remand to the hearing officer for further record development.”
Cervantes v. Tyson Foods, Inc., 130 S.W.3d 152 (Tex. App. 2004). · cites it 2× “Cervantes received the hearing officer’s decision on December 17, 2001 and did not file an appeal with the Appeals Panel until January 14 or 15, 2002, under Texas Labor Code Section 410.202 his appeal was not timely.”
Cont'l Cas. Co. v. Rivera, 124 S.W.3d 705 (Tex. App. 2003). “Laws 987 , 1208 (amended 2001) (current version at Tex. Lab.Code Ann. § 410.202(a) (West Supp.”
Krueger v. Atascosa Cnty., 155 S.W.3d 614 (Tex. App. 2004). “See Tex. Lab.Code Ann. § 410.202(b) (Vernon Supp.”
Am. Zurich Ins. Co. v. Samudio, 317 S.W.3d 336 (Tex. App. 2010). · cites it 2× “See Tex. Lab.Code Ann. § 410.202 (Vernon 2006); see id.”
Morales v. Employers Cas. Co., 897 S.W.2d 866 (Tex. App. 1995). “According to Texas Labor Code, § 410.202, Employers had until October 10, 1992, to file its appeal.”
In Re Luby's Cafeterias, Inc., 979 S.W.2d 813 (Tex. App. 1998). “See Tex. Lab.Code Ann. § 410.202 (Vernon 1996).”
Texas Workers' Comp. Comm'n v. Harris Cnty., 132 S.W.3d 139 (Tex. App. 2004). “Tex. Lab.Code Ann. § 410.202(a) (Vernon 1996).”
Show all 36 citing cases →
— Tex. Lab. Code § 410.202(a) — 8 cases
Frank v. Liberty Ins. Corp., 255 S.W.3d 314 (Tex. App. 2008). “denied) (citing Tex. Lab.Code Ann. § 410.202). Statutory requirements that define, enlarge, or restrict the class of causes the court may decide or the relief the court may award are considered to be jurisdictional.”
Combined Specialty Ins. Co. v. Deese, 266 S.W.3d 653 (Tex. App. 2008). “TEX. LAB.CODE ANN. § 410.202(a). Under the TWCC's version of the mailbox rule, a request for review of a hearing officer's decision will be presumed timely filed "if it is: (1) mailed on or before the 15th day after the date of receipt of the hearing officer's decision .”
Ackerson v. Clarendon Nat'l Ins. Co., 168 S.W.3d 273 (Tex. App. 2005). “See Tex. Lab.Code Ann. § 410.202(a) (West 2004) (fifteen-day limit for filing timely request for review); 28 Tex.”
Cont'l Cas. Co. v. Rivera, 124 S.W.3d 705 (Tex. App. 2003). “Laws 987 , 1208 (amended 2001) (current version at Tex. Lab.Code Ann. § 410.202(a) (West Supp.”
Harris Cnty. Emergency Servs. Dist. 1 v. Miller, 122 S.W.3d 218 (Tex. App. 2003). “(b) The respondent shall file a written response with the appeals panel not later than the 15th day after the date on which the copy of the request for appeal is served and shall on the same date serve a copy of the response on the appellant.”
— Tex. Lab. Code § 410.202(b) — 5 cases
Harris Cnty. Emergency Servs. Dist. 1 v. Miller, 122 S.W.3d 218 (Tex. App. 2003). “(b) The respondent shall file a written response with the appeals panel not later than the 15th day after the date on which the copy of the request for appeal is served and shall on the same date serve a copy of the response on the appellant.”
Krueger v. Atascosa Cnty., 155 S.W.3d 614 (Tex. App. 2004). “See Tex. Lab.Code Ann. § 410.202(b) (Vernon Supp.”
Lumbermens Mut. Cas. Co. v. Manasco, 971 S.W.2d 60 (Tex. 1998). “TEX. LAB.CODE § 410.202. The appeals panel may affirm the hearing officer's decision, reverse and render a new decision, or reverse and remand to the hearing officer for further record development.”
Harris Cnty. Emergency Servs. Dist. # 1, Appellant, v. Robert E. Miller, Appellee, 102 S.W.3d 182 (Tex. App. 2003).
Edna A. Martinez v. State Off. of Risk Mgmt. (Tex. App. 2015).
— Tex. Lab. Code § 410.202(c) — 1 case
Am. Zurich Ins. Co. v. Samudio, 317 S.W.3d 336 (Tex. App. 2010). “See Tex. Lab.Code Ann. § 410.202 (Vernon 2006); see id.”
— Tex. Lab. Code § 410.202(d) — 2 cases
Combined Specialty Ins. Co. v. Deese, 266 S.W.3d 653 (Tex. App. 2008). “TEX. LAB.CODE ANN. § 410.202(a). Under the TWCC's version of the mailbox rule, a request for review of a hearing officer's decision will be presumed timely filed "if it is: (1) mailed on or before the 15th day after the date of receipt of the hearing officer's decision .”
Ackerson v. Clarendon Nat'l Ins. Co., 168 S.W.3d 273 (Tex. App. 2005). “See Tex. Lab.Code Ann. § 410.202(a) (West 2004) (fifteen-day limit for filing timely request for review); 28 Tex.”
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